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Ask Lane Your Own Question
Category: Social Security
Satisfied Customers: 12013
Experience:  Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial, Social Security & Tax advice since 1986
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My wife and I both have levies from the irs on our SS funds,

Customer Question

My wife and I both have levies from the irs on our SS funds
JA: The Retirement Accountant will know how to help. Please tell me more, so we can help you best.
Customer: Where can I get copies of these Tax Levies.Right now they take 15% but the IRS Collections people tell me tht they can take all of it. Is that correct?
JA: Is there anything else the Retirement Accountant should be aware of?
Customer: Not that I know of
Submitted: 2 months ago.
Category: Social Security
Expert:  Lane replied 2 months ago.

Hi. My name's. Lane. They cannot.


They cannot take 100%. They CAN, however, take more than 15%.


The program that takes 15% is the Federal Payment Levy Program (FPLP).


That's an automated (flip of a switch, if you will) program.


You can read more about that here:


Bear with me a moment and I'll pull up the regs

Expert:  Lane replied 2 months ago.

What they are likely telling you is the following:


If you owe non-tax debts to other agencies, the first $750 of your monthly Social Security payment is off-limits to garnishment. But the IRS is different and can take its 15 percent cut, regardless of how little money you’re left with. Lump-sum death benefits and Social Security benefits paid to children are not subject to this levy.

Expert:  Lane replied 2 months ago.

They could also be referencing other types of federal debt:


Delinquent child support and alimony cases are processed through the national Court Ordered Garnishment System. In these situations, the maximum reduction to your benefits depends on the state where you live. The garnishment is limited to either the maximum allowed under state law or the maximum under the Consumer Credit Protection Act, or CCPA, whichever is less.

Per the CCPA, you can theoretically lose:

  • Up to half your benefits if you are supporting a child or spouse in addition to the one involved in the court order.
  • 60 percent if you’re not supporting another child or spouse.
  • Up to 65 percent if the original court-ordered support is more than 12 weeks in arrears.
Expert:  Lane replied 2 months ago.

But for tax debt, specifically, it IS only 15%.


Please let me know if you have ANY questions at all, before rating me.

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Thank you!



I hold a law degree, with concentration in Tax Law, Estate law & Corporate law, an MBA in finance, a BBA, and CFP & CRPS (Chartered Retirement Plans Specialist) designations, as well - I’ve been providing financial, Social Security/Medicare, estate, corporate, non-profit, and tax advice to clients on three continents since 1986.